Amicus Curiae

The following articles were also published in BusinessWorld.

April 15, 2015

The recent ASEAN Intellectual Property Association annual conference held last month in Bangkok highlighted, among others, the issue of plain packaging in the tobacco and alcohol industries vis-à-vis the seeming contradiction it creates with the existing trademark protection system, focusing on the experience of Australia (being the first country to legally prescribe plain packaging on tobacco... Read More

April 07, 2015

IN 2007, the heads of states of the 10 countries comprising the Association of Southeast Asian Nations (ASEAN) agreed to establish the ASEAN Economic Community by Dec. 31 this year. Essentially, the ASEAN Economic Community is the integration of the 10 economies into a single unit. With its wide-ranging consequences, the ASEAN Economic Community will definitely affect the lives of every... Read More

Graciello Timothy D. Reyes

March 30, 2015

“The heart has reasons of its own which reason does not know.” This famous quote was what the Supreme Court had to say about the love affair between a teacher and her student. While the employment of the teacher was initially terminated on the ground of immorality, the Court invalidated the termination, providing that the teacher-student relationship, which eventually culminated into marriage... Read More

Patricia O. Ko

March 24, 2015

The accessibility of the international market has redefined the Philippine business landscape. In the past, foreign entities may have been few and far between. Nowadays, local businesses easily find themselves dealing with corporations incorporated outside the Philippines (foreign corporations), not only as customers or suppliers, but even as joint venture partners. In the area of Public-Private... Read More

Jo Blanca P.B. Labay

March 17, 2015

THE PRACTICE OF LAW in the Philippines is strictly exclusive to Filipinos. Article XII, Section 14 of the Constitution provides that the practice of any profession is limited to Filipino citizens and, in the implementation of this restriction, the Supreme Court requires that any applicant to the Bar must possess Filipino citizenship. This restriction applies to a wide array of activities, and is... Read More

Genie Celini D. Nuevo

February 24, 2015

WITH the ASEAN Integration, the Philippines can expect an influx of international transactions, with concomitant obligations and contracts, and potential disputes and litigations. With our already clogged judicial dockets, and the expectations of foreign parties who might be used to different, perhaps even non-adversarial methods of settling disputes, this will present a profound challenge to... Read More

Kurt T. Yeung

February 18, 2015

IMAGINE YOU HAVE a product that you want to sell. You try to create a trademark that could go with it. You experiment with words and signs, logos and cartoons, but nothing seems to fit. Then, you hit upon an idea: why not use your name? It looks good in a certain typeface. It also sounds nice -- according to you (and a friend you annoyed with repeated recitations of your name). So you have your... Read More

January 07, 2015

FOR MOST of us, the recently concluded holidays meant enduring crowded malls and waiting in long lines to shop for gifts for our loved ones. Christmas is, after all, the season of giving, and many of us go through great lengths to make the experience of gift-giving special. In the hustle and bustle of Christmas shopping, however, some of us would purchase the wrong items or buy defective products... Read More

December 18, 2014

OF A RELATIVELY recent vintage, a seemingly innocuous proxy has become a subject of a judicial controversy. A proxy is a formal authority given by a stockholder empowering another to exercise his right to vote. It is a special form of agency, and a proxy holder is in the eye of the law an agent and as such a fiduciary. The Corporation Code of the Philippines recognizes voting by proxy in all... Read More

December 02, 2014

PREVALENT IS the practice by certain banks and credit card companies of issuing unsolicited credit cards to the public. One would often be surprised to receive from a bank or any credit card company a credit card, without even actually applying for one. The credit card would be complete with the intended recipient’s full name and address. Without the recipient ever using it, the next thing he... Read More